No ‘clean hands’ in dispute over muscle car work, COA finds

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A dispute over work done on a 1973 Dodge Challenger led the Indiana Court of Appeals Monday to find the car’s owner may challenge a mechanic’s lien that a shop used to auction the car.

The 31-page opinion in Terry Banks v. Denny Jamison, d/b/a, Automotive Hammerart, 49A02-1304-PL-362, found vehicle owners have a right to challenge a mechanic’s liens when disputes arise about the work performed. The appeal attracted an amicus brief from the Automobile Dealers Association of Indiana, which argued in favor of affirming summary judgment for Denny Jamison.

Banks took the car to Jamison’s shop, but he claims Jamison did far more work than authorized, and Banks disputed a bill that exceeded $5,000. Jamison claims the work was authorized and that Banks did not contest a possessory mechanic’s lien he perfected or attempt to halt an auction of the car for which he was served notice.

The Court of Appeals panel majority affirmed summary judgment in favor of Jamison on Banks’ civil claims of theft and conversion, but it ruled that Banks may proceed with a claim in Marion Superior Court under the Deceptive Consumers Sales Act.

The majority rejected Jamison’s claim that Banks was estopped from arguing the unauthorized work was done after the mechanic’s lien was perfected. The panel also concluded the lien was invalid because there was no indication Banks was served.

"The possessory mechanic’s lien statute provides some guidance to a lien holder about the procedure for perfecting and foreclosing on a mechanic’s lien. While the statute provides that a vehicle 'may be sold at public auction' if the vehicle owner 'does not claim the vehicle and satisfy the mechanic’s lien on the vehicle,' Ind. Code § 9-22-6-2(g), the statute is silent on how or when a person may challenge a possessory mechanic’s lien," Judge Paul Mathias wrote for the majority, joined by Judge Cale Bradford.

"As we hold below, once proper service of the lien notice is obtained, unless and until the General Assembly provides for an adequate forum for the resolution of conflicting claims, the owner will have an adequate opportunity to challenge the validity of the lien, either through a replevin action or, once notified of the claimed lien, through a declaratory judgment action."
The ADAI in its amicus brief argued that to “permit Banks to challenge the validity of the mechanic’s lien after it has been foreclosed, and all statutory foreclosure procedures have been completed, would render the mechanic’s lien statute worse than useless.”

Mathias wrote that neither party came to the appeal with “clean hands.”

“Jamison could have offered, and Banks could have demanded, a written and signed estimate of the work to be performed that included Banks’s contact information. That single, simple step would have allowed both parties to avoid the expensive legal journey that has brought them before this court,” Mathias wrote.

The majority found that despite highly disputed facts in this case, the record shows Jamison didn’t act in bad faith. But Judge Rudolph R. Pyle III was unconvinced. He wrote that he concurred with most of the majority’s ruling but would also reverse summary judgment to allow Banks’ civil theft and conversion claims to proceed.

“This case is ripe for trial. The facts are so highly disputed that a jury is required to observe the facial expressions of the parties, listen to the tenor of their voices, and make a decision regarding their credibility. I believe Banks is being denied his day in court,” Pyle wrote.




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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.